A confessional statement recorded in accordance with the special procedure under section 164 of Cr P...........

Code of Criminal Procedure (CrPC) 1973 Investigation by the Police

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A confessional statement recorded in accordance with the special procedure under section 164 of Cr. P.C.

can be used as a substantive evidence without being formally proved

cannot be used as a substantive evidence at all

cannot be used as a substantive evidence without being formally proved

either (b) or (c)

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Explanation:

Let’s look at each option:

- Option 1: can be used as a substantive evidence without being formally proved

- Confessional statements under Section 164 Cr.P.C. must be recorded properly, but still require formal proof like any other document. They can’t be used as substantive evidence without being formally proved.

- Option 2: cannot be used as a substantive evidence at all

- This is not correct. A statement recorded under Section 164 Cr.P.C. can be used as substantive evidence if it is properly proved.

- Option 3: cannot be used as a substantive evidence without being formally proved

- This is the correct answer. The statement must be formally proved in court before it can be treated as substantive evidence, as per the Evidence Act.

- Option 4: either (b) or (c)

- This is incorrect as only option (c) is correct.

Correct Answer:

Option 3: cannot be used as a substantive evidence without being formally proved